Court says no sick pay, health care for ex-judge

Saturday

Nov 10, 2012 at 2:00 AM

Heather Yakin

NEW WINDSOR — An appellate court issued two rulings Wednesday in favor of the Town of New Windsor in its battle over health insurance and pay for unused sick days with former Town Justice Donald Suttlehan.In January 2009, the town passed a resolution granting post-retirement health care benefits to elected officials who served more than eight years; in May 2009, the town modified that resolution to a new schedule and adjusted its sick leave pay policy. Suttlehan, who retired in July 2009, sued for payment of 397 unused sick days and for lifetime health coverage. A state Supreme Court ruling dismissed his health care benefits claims but declined to dismiss the sick-leave claim. The Appellate Division, Second Department upheld the health care claim dismissal, and overruled the sick-leave decision, dismissing the claim, saying there is neither contractual nor legal authority for Suttlehan's claim.